Winning a North Carolina Trade Secrets Trial

Problem: An employee of Bridgetree abruptly left the company, misappropriated our client’s proprietary software for customer analytics, went to work for a competitor company, and recruited other Bridgetree employees for the new operation.

Professionals

Fitch Even lawyers are skilled at using trade secret protection strategies to defend a client’s confidential information. Unlike other intellectual property information such as patents, copyrights, and trademarks, trade secrets are not registered with the government. Trade secret protection covers information that is treated by the owner in a way that can reasonably be expected to prevent others from learning about it and provides the owner with a competitive business advantage. Trade secrets can include any formula, pattern, physical device, idea, process, or compilation of information.

One key to trade secret protection is the steps taken to ensure the information remains secret. Once the information becomes public, trade secret protection is lost. Disputes involving trade secret protection often hinge on how effectively one has taken steps to protect confidential information from disclosure. Fitch Even is experienced at helping clients develop trade secret protection programs directed to maintaining the confidentiality of trade secret information. These programs include best business practices, employee and third-party agreements, and educational materials for management and employees. In today’s competitive environment of high employee mobility and complex business relationships, these programs are vital to protecting one’s trade secrets. Similarly, we assist in developing programs that help our clients avoid encroaching on the trade secret rights of others.

Fitch Even attorneys aid clients in policing against unlawful uses of their trade secrets by competitors. It is important to prevent any illegal use of your trade secrets as soon as possible to prevent further damage through disclosure. Often, the most effective way to secure disputed trade secret rights is through litigation. Fitch Even litigators have handled a wide variety of trade secret misappropriation cases in various states over the years. Our team has obtained injunctive and monetary relief against parties that have misappropriated the trade secrets of our clients, and we have successfully defended against unfounded claims of misappropriation.